Working-capital adjustment determines whether software-services transfer-pricing margins fall within the statutory tolerance range, eliminating any ad...
Permanent establishment deductions upheld for expatriate salaries, direct costs and trading losses, while head-office costs require fresh classificati...
Data transmission equipment classification under CTSH 8517 62 remains distinct from residual classification, with exemption evidence requiring scrutin...
Income recognition - advances received from clients - AO observed that “out of pocket expenses” had been exclusively kept out of the books and on reimbursement of the sum by the clients to the assessee, it was the duty of the assessee to route the same through the profit and loss account and in the absence of such course being taken, AO added the same amount to the total income of the assessee - The High Court held that, CIT(A) and ITAT have rightly concluded that the assessee received these advances in a fiduciary capacity for specific purposes, not as income. - It was not trading receipt. Therefore, the respondent/assessee was not under any legal obligation to show it as his receipts of money from the clients. The High court found no merit in the Revenue's reliance on Section 145, noting no factual basis indicating that the conditions of Section 145(3) were met.
Income recognition - advances received from clients - AO observed that “out of pocket expenses” had been exclusively kept out of the books and on reimbursement of the sum by the clients to the assessee, it was the duty of the assessee to route the same through the profit and loss account and in the absence of such course being taken, AO added the same amount to the total income of the assessee - The High Court held that, CIT(A) and ITAT have rightly concluded that the assessee received these advances in a fiduciary capacity for specific purposes, not as income. - It was not trading receipt. Therefore, the respondent/assessee was not under any legal obligation to show it as his receipts of money from the clients. The High court found no merit in the Revenue's reliance on Section 145, noting no factual basis indicating that the conditions of Section 145(3) were met.
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